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van-loads, weighing about three tons, were taken to Old Street Police Court. They
were examined by the magistrate (Mr. Cluer) on June 11th. After requiring and
taking evidence to show that the presumption was that the articles were intended
for human food, he made an order for their destruction on the following day. The
facts of the case were laid before the Health Committee in due course, and instructions
were given for police court proceedings to be taken against the proprietor of the
common lodging-house upon whose premises the seizure was made.
The case was heard at the Old Street Police Court on July 16th and 19th before
Mr. Cluer. Two summonses were taken against the defendant, James Shuttleworth,
the proprietor of the common lodging-house, one charging him with having had in
his possession on March 1st, 1907, 250 cases of condensed milk which were unfit
for food and liable to seizure, and the other for having had in his possession
on June 8th, 95 such cases and five sacks of condensed milk which were unfit
for food. The summonses were taken together. Dr. Mansfield Robinson, the Town
Clerk, prosecuted on behalf of the Council, and Mr. Margetts, solicitor, defended.
The defendant was described as an owner of house property in the district and as
carrying on a registered common lodging-house in St. John's Road and a coffee-house
in Pitfield Street. It was part of the Cooincil's case that the condensed milk was
used for the purposes of his business and for sale in the common lodging-house.
Evidence as to seizure was given by Inspector Langstone in respect to 95 cases
and five sacks of condensed milk of various brands, the same being unsound and
unfit for food. Evidence was also submitted which showed that there were not less
than 250 cases of condensed milk in the shed in the rear of the common lodginghouse
on March 1st, and that they were examined by a provision broker, to whom
they were offered for sale on that date, and found to be quite unfit for food then.
During the three months that elapsed before they came under the notice of the
Sanitary Authority 150 of the cases had been disposed of. It was shown that the
defendant bought the stuff from a provision dealer in White Horse Street, Stepney,
in January, and paid two shillings per case for it. From what was stated it would
appear that unsound condensed milk is sometimes sold as food for pigs. Evidence
as to the stuff being unfit for human food was given by Dr. Thomas, the Medical
Officer of Health for Stepney, and myself. The defence was that the shed was
let to two of the lodgers residing at the common lodging-house, and that they were
disposing of the condensed milk as pigs' food in the country. The truth of the
suggestion as to it being used in the common lodging-house was denied. It was
admitted by the defendant that he paid for the milk, but he said that he lent the
money to the lodgers mentioned at interest for the purchase, and that the money
had been partly repaid to him. He was, however, unable to produce the lodgers
whom he described as the owners of the milk. In the end, after hearing other
evidence on behalf of the defendant, Mr. Cluer said he had no doubt as to the
defendant being the person responsible. He regarded the case as a very bad one,
and accordingly fined him £50, with 25 guineas costs. The fine was at once paid.